thanks for joining us. i'm raj mathai. jessica is on assignment. a third national guard member is dead after a shooting rampage at a carson city ihop restaurant. she died late tonight after undergoing surgery at a nevada hospital. a total of four people were killed, three national guard members. the fourth, a civilian. seven others were injured. the shooter walked into the

i-hop and fired his ak-47 at a table full of ununiformed national guard members and then killed himself. he has no previous criminal record. his family says he filed for bankruptcy two years ago and said they were worried about his mental health. the stunned community gathered tonight. ♪ ♪ god bless america my home sweet home ♪ >> mourners held a vigil and prayed for the recovery of others. >> it's a small town but it's not really a small town. >> where everybody knows everybody. it's the capital of nevada and it says a lot for these folks to come out here, and show their respect for victims they don't know. >> it's been an emotional night.

tonight, investigators don't have a motive for the shooting or whether he targeted those national guard members. his truck, parked outside the restaurant, had a sticker that said "support our troops" on it. they found more guns inside of his truck. we'll keep you posted on any new developments as we get them in. now to the shakeup in silicon valley. the question who is going to lead one of the most popular companies in the world? yahoo is looking for a new boss affairing carol barts over the forever. she is out after less than three years. replacing her is chief financial officer tim morris. the news got the attention of invei investors around the world. stock increased about 6%. hees're our reporter scott budman. >> when she came to yahoo, she

brought a reputation of pleasing investors. she leaves after a phone call, a company that still has trouble defining itself. >> so [ bleep ] off. >> reporter: she was known as a straight sheert whose mouth got her in trouble but whose business sense made sense. hired during a rough time at yahoo, barts led yahoo to big web traffic numbers but missed out on the search success that defined competitors like google. she was among those visited by president obama earlier this year. but as stock price stalled and layoffs increased, investors became restless and began to call for change.

in a memo, barts said she was fired over the phone by the company's board of nbdirectan, >> thank you, scott. we have confirmed yahoo will have a meeting tomorrow morning at its headquarters. scott magroo will continue our coverage in the morning. a northern california family is suing an ivey league school after their daughter was killed at the university. the family of 24-year-old annie le filed a wrongful death law suit against yale. she was found strangled to death in 2009. she was set to wed her fiance on that day. her family claims the school failed to protect women on campus. raymond clark is serving a

44-year sentence for the murder. he was the lab technician at yale. a bay area man is accused of leaving his 1-year-old baby boy inside of a hot car. 47-year-old serge chelicoth is behind bars on $50,000 bail. witnesses reported seeing the child strapped into a car seat with the windows rolled up. when the witnesses reportedly confronted the father, he lowered the windows and returned to the pub. the baby boy is back with his mother. the father will face child cruelty charges during his arraignment tomorrow. ♪ >> it's a painful reminder of american history. this sunday marks the tenth anniversary of the september 11th attacks.

and since then, countless men and women have decided to join the military. cheryl hurd talked with the father of a fallen soldier who is now dedicating his life to make sure no one forgets those who paid the ultimate price. >> joey decided to join after 9/11. he was a sophomore in high school when our country was attacked and he felt a need to serve his country. >> reporter: a need his father says he didn't necessarily identify with at the time. but a need he says he had to learn to respect. >> our kids of this age or this era were impacted by the attack on our country. joey was my only child. >> reporter: he says he's proud of his only son, joseph anthony graves. he was killed in iraq in july of 2006. graves was the only casualty

working on a classified mission along the baghdad highway. >> that's where he was sitting the day he was killed. >> reporter: pictures bring back painful memories of his son's death. but now he's working on helping other families honor soldiers like his son, joey. his son gave it all project is a campaign to remember fallen soldiers. >> these are the banners that when you get one, these are given to the families to keep for their own. >> reporter: there are 256 banners with the names of fallen soldiers. 106 are from california. 35 are from the bay area. joey graves is one of them. >> the reason for the banners is to remember that it's not just joey. we're sponsoring the banners because we want every military family in the bay area that's lost a hero to be represented. >> reporter: that representation comes with a price tag. each banner costs $500.

graves says sponsors are needed. >> we wanted to bring awareness to the bay area of the sacrifice that's still going on in this conflict that we're involved in. >> reporter: graves said his son joey gave the ultimate sacrifice. in discovery bay, cheryl hurd, nbc bay area news. >> the stories and memories have been remarkable. gone but not forgotten, students in the south bay honored the pilot of flight 93 in the same neighborhood he called home. flight 93, as you might recall, was found for sfo. they came together to honor jason, a former student of hillsdale elementary in san jose. the school was renamed captain jason dall in 2002. he was the pilot of that flight bound for sfo on september 11. the plane crashed into a field in pennsylvania.

dahl's sister planted rose bushes for the heroes on that flight. this sunday we're airing "america remembers." it will air immediately following sunday night football. we have jessica aguirre reporting from ground zero and garvin thomas in shanksville, pennsylvania. join us as we park the day that changed many lives forever. a popular soup may be in danger. the debate has reached the governor's desk now. he will decide whether california should ban the sale, trade or possession of shark fins. shark fin is the main ingredient in a traditional chinese soup. proponents say the ban is necessary to protect a rare species. however, chinese american restauranteurs describe it as an unfair attack on asian culture. this story, it's the naked truth about the city.

if you haven't seen it in person, plenty of people walk naked through the city. it's perfectly legal, but we might have a new rule now in terms of coverage. let's bring in jean ely who joins us live. jean, taking a seat takes a new meaning tonight, doesn't it? >> reporter: most of the people say they don't have a problem with nudity. that is until a nudist takes a seat on a public chair. tonight, city leaders say with more people taking it all off, we need new rules. nudity in san francisco can seem like part of the landscape. there are naked bike riders and protesters. but not everyone appreciates an eye full. >> i think it's idiotic walking around naked. >> reporter: it's legal to be naked in san francisco as long as you're not bothering anyone. with a growing number of nudists hanging out, sharing public space is getting complicated. >> i don't want to have to sit

on a seat that somebody's butt has been touching. i don't think that's appropriate. >> reporter: neither does scott weiner. he's addressing some ground rules for people who don't dress. he just introduced legislation requiring people to cover up for restaurant service and to require a bottom buffer. >> if they're not clean, that is a health issue. i'm not saying it's a health catastrophe but it's not clean. >> reporter: darrell admits he's never had a nudist ask for a table but he supports the plan. >> i would ask them to put on clothes or leave. >> reporter: he's hoping the supervisor's new rule also get the nudists thinking about whether it's appropriate to be on the buff. >> on the streets, i just don't feel like that's one of them. maybe that makes me prudish or old fashioned, but here i am in

clothes. >> reporter: if this legislation passes, it will take effect next year. in the meantime, nudists will being encouraged to carry a towel or something. reporting live, jean elle, nbc bay area news. >> for those of you visiting the bay area, welcome to the bay area. up next, buying alcohol might be more difficult in the largest city of the bay area. it's a new plan that could do away with mom and pop liquor stores but could it help certain neighborhoods? a truck crashes into and kills an apple engineer and his horse. neighbors are calling for changes to a dangerous road here. i have a live report coming up next. another piece of the puzzle. the new warning involving the risk of miscarriages and common medications. good evening. i'm chief meteorologist jeff ranieri. it was only officially 86 here in san jose today, we definitely know it was hotter for many of you yo.

100 in dublin. we'll talk more about the heat and our spare the air day and some changes coming for the weekend. [ man ] it's big. supports in times of need. same with aladdin. the biggest in bail. no one has lower prices, is faster or more professional. aladdin bail bonds. bigger because we're better. okay, so who ordered the cereal that can help lower cholesterol and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios.

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on what should have been a nice evening out quickly took a tragic turn. we're learning about the collision that killed an apple engineer and his horse in morgan hill. 48-year-old alan howe jr. was a software engineer. george kiriyama has the new details for us tonight. he joins us from morgan hill where the man's partner and a few witnesses are reacting. george, what do you have? >> reporter: raj, in this area it's common to see cars and cyclists and horses on the same road. tonight, neighbors are upset at drivers who they clearly say are not sharing the roads. >> i saw the car coming full speed. >> reporter: monica, her father and their good friend skip were riding their horses off the shoulder early saturday evening. >> when i see the truck coming is when i yell watch out. >> reporter: but he could only watch as a gmc pickup truck

slammed into hoye's horse. >> i put my hand behind his head and i keep it there, and he never answered me back. >> reporter: the impact of the collision killed skip and his beloved animal. >> for my dad and i to see everything, it was hard because he was more than a friend. >> reporter: no stop sign. no stop light for miles. >> cars go recklessly. >> reporter: neighbors describe it as a dangerous road. >> motorist have no respect to people on horseback. they treat us as if we're in the way. >> reporter: his partner says the driver should have seen the white colored horse. >> the driver could have stopped or slowed down or gone into the other lane to avoid a collision. but he chose to keep going. >> reporter: skip howe was an apple engineer.

he loved computers and technology and shared a passion for horses. >> when he would ride a horse, they would become one. >> reporter: he says he's going to take care of howe's other animals, including four of the horses. >> and that's what i want to do. i want to keep that legacy, that dream alive. because that keeps him alive in my heart. >> reporter: the driver has not been arrested. the chp is still investigating this case and we're learning tonight that the neighbors may approach the county board of supervisors to make these roads out here safer. george kiriyama, nbc bay area news. >> george, thank you. san jose may soon be drying out. the city council might restrict liquor licenses. a revision now under way of the city's general plan would limit new liquor licenses to grocery stores and other full-service markets.

that would lead convenience, drug and i wiliquor stores high dry. opponents say the proposal goes too far. the proposal would not affect existing stores that sell alcohol. a new study links common painkillers to an increased risk of miscarriage. the canadian medical journal published the study today. researchers studied 50,000 pregnant women and women who used the drug after conceiving were more than twice as likely to suffer miscarriage. researchers say tylenol does not seem to be a problem. let's change gears and bring in our chief meteorologist jeff ranieri. it is hot, it's almost like summer once again. >> yeah, it's been so rare. only three days with those

triple digit temperatures and a spare the air alert tomorrow. if you suffer from allergies and the smog, tomorrow is going to be one of those days. look at this heat. 100 in livermore, 96 in fairfield. so the east bay definitely coming in with some of the top temperatures. right now we are about 5 to 10 degrees warmer at this hour compared to last night. so what does this mean? basically, we have a jump-start on those temperatures for tomorrow. that's why we think places like livermore and concord will be warmer. mild air, 74 right now in livermore. and mid 50s in santa rosa. it's having little impact in our interior spots, so for tomorrow morning, we will have fog at the coastline and maybe the peninsula, but very hot by the afternoon with our spare the air day in effect. so let's get a look at a source of all this heat. it's this region of high

pressure. it has been, you know, missing for a lot of the summer because it's been cooler than average. for tomorrow, wednesday, possibly a few 100s and smog and pollen will be a real big problem for a lot of you that suffer from allergies. thursday, we'll get the on shore flow to return and that will help to knock temperatures down. tomorrow, again, we'll see it at the coastline, san francisco, low clouds in the north bay. by 1:00 p.m., everyone expecting sunny skies. those numbers will be jumping back up again. for tonight, mild in the east bay with mid to upper 60s here. down into gilroy, could be close to 70 by the morning. wednesday, some of the worst air quality for the east and south bay. to car pool if you can and well, maybe even -- am i giving you the excuse to work from home? then you wouldn't have to drive.

>> are you talking to me? i would get found out really quick. >> 84 in san mateo. 74 in san francisco. 94 in concord. those mid to upper 90s, 94 in santa rosa. morning time on the weather channel and cable, we have a new tropical depression, number 14 out in the atlantic. otherwise, the seven-day forecast has it cooling off. a little moment of zen by saturday. backing off into the mid 80s and 60s at the coastline. so that's more like what we've been used to rather than this unusual summer heat. >> i can see it now, an nbc remote studio on the peninsula. >> nice. coming up, bringing down the house. people gathering in the east bay to watch a local band go for it on "america's got talent." back in a moment. ok, kids, our cable will let us record one more show.

who should get it? i really love jennifer. yeah, she's great. yeah. yeah. kyle's got that thick head of hair. and that should be rewarded. ok, moment of truth. on "three," say which kid you love the most. oh, fun, yeah. 1...2...3... jennifer. jennifer. whoa. wow. ha! she's so pretty. yeah. or, we give it to kyle. it's really all he's got.

[ male announcer ] switch to at&t u-verse and record four shows all at the same time. just $29 a month for 6 months. at&t. ♪ >> they were working it tonight. oakland's own pop life, that's their name, is hoping to get enough votes to win the competition on "america's got talent." even oakland's mayor urged viewers to vote for them. the group is in the top ten and fighting to make it into the final round. how about that. the group performed a medley of classics from the jackson five tonight.

dwayne wiggins, who has two of his kids in the band, was at the party in oakland. >> reporter: what do you say? >> come on, man. i mean, seeing it if this angle is beautiful. i've been watching how they do it and i've been here the last week and they held up their business. they stayed focused. >> a proud father right there. there's still time to vote. you have until 6:00 a.m. to vote online. just go to nbc.com and search america's got talent. let's bring in damon andrews now. any talent left with the giants and a's? >> indeed, raj. first up, the 49ers, good news, one of their own is moving up. but first, it is do or die time for the raping champs. we'l 'lfind out how they did in san diego.l these sweet honey clustery things have fiber?

fiber one. almost tastes like one of jack's cereals. uh, forgot jack's cereal. [ jack ] what's for breakfast? uh, try the number one! i've never heard of that. [ wife ] it's great. it's a sweet honey cereal, you'll love it. yeah, this is pretty good. are you guys alright? yeah. [ male announcer ] half a days worth of fiber. not that anyone has to know. fiber beyond recognition. fiber one.

huge game in san diego for the giants. then again, they're all huge from here on out. the giants stood seven games

back of arizona entering the day, looking to the scoreboard to see if colorado would help them out while trying to take two of three against the padres tonight. take you down to san diego. game two of three, top of the second, first big league at-bat and his first at-bat, two-run jack. giants up 2-0. top of the fifth, game tied at 3-3. one out, one on for carlos beltran. beltran, 3 for 4, with three ribs on the night. bottom of the ninth, 6-4, giants and ramirez, bases loaded. gets guzman to go down swinging. giants win 6-4 the final. >> it's something you dream about. i've seen that guy a few times and this year in the minor leagues and after he got that big hit, i figured he would try to throw a changeup, so i was

looking for something up and i was lucky i got it in the air. meanwhile, kansas city and a's going at it. top of the second, this is deep and out to right. solo shot, makes it 1-0, kansas city. but wait, there's more. jeff francoeur follows suit, back-to-back solo cranks. and francoeur's 17th of the season. the a's fall 7-4 your final. more action, back to the senior circuit. d'backs and the rockies. top of the 7th, this gives arizona a 2-1 lead. now 3-2, arizona, bottom of the eighth. troy tulowitzki goes deep, helping out the giants. rockies put up seven in the eighth and the magic number is now six games back of arizona.

to the pro turf and braylon edwards dodged an nfl bullet but couldn't afford getting hit in the wallet. he will not be suspended for driving under the influence. but the nfl did fine him $50,000 for the offense. also on college football, stanford moves up one stop from seventh to sixth in the a.p. college top 25. that does it for sports. raj, back to you. >> number six and climbing. back in a moment.

okay, jeff ranieri is with us for one last check of the forecast chld. did i see that right? is that a snin >> the heat will continue tomorrow. some of the hottest weather in over a month, and throughout friday, saturday and sunday, cooling off. a slight chance of mountain and desert thunderstorms with 60s at the coast. if this hot weather isn't your thing, don't worry, it's cooling off. i've got to please everybody around here. >> thank you, jeff. we'll continue our coverage of the big yahoo shak gre onat eveh have a great evening.